eTrade 2007 Annual Report Download - page 197

2. the relevant Covered Order was stopped for price improvement,
3. the relevant Covered Order was subject to locked, crossed or halted market conditions,
4. the relevant Covered Order, if executed, would have constituted a new intraday high or low, or
5. the relevant Covered Order was made during fast market conditions.
E*TRADE Securities and the Company shall use commercially reasonable efforts to create an effective reporting plan to
monitor and audit the Company’s performance in connection with the Execution Guarantee.
C. Reporting Plan.
V. Miscellaneous.
A. Customer Complaints/Requests. Notwithstanding anything to the contrary herein, Parent shall be entitled to route away all
Covered Orders for a particular customer to another market center in the event that Parent is notified by the customer that
the customer wants Parent to route to a market center other than the Company; provided, however, that any Covered Orders
that are routed away pursuant to this Section V.A. of Schedule A shall count toward the two and one-half percent (2.5%) of
Covered Orders in Options or sixty percent (60%) in NMS Stocks that Parent is permitted to exclude from the Minimum
Covered Orders that Parent and its Affiliates are required to route to the Company and its Affiliates under this Agreement.
B. Odd Lots and Blocks. In routing and executing Covered Orders of odd lots (less than 100 shares) and oversized trades
(10,000 shares or more) in NMS Stocks, the Company shall exercise reasonable diligence to obtain the best available
market under the circumstances consistent with good market practice. The Company shall provide to Parent within thirty
(30) calendar days following the end of each calendar month such data and/or statistics for each calendar month as the
Company and Parent agree and are generally available concerning the execution quality for such Covered Orders.
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